GM Polefab Pty Ltd

[2024] FWCA 1078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

GM Polefab Pty Ltd

(AG2024/526)

GM POLEFAB PTY LTD PRODUCTION ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 26 MARCH 2024

Application for approval of the GM Polefab Pty Ltd Production Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the GM Polefab Pty Ltd Production Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GM Polefab Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, GM Polefab Pty Ltd, sought approval for the GM Polefab Pty Ltd Production Enterprise Agreement 2024. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment for its employees, as required by the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which raised concerns about the fairness and reasonableness of certain provisions within the agreement.

The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act, specifically whether the agreement provided for fair and reasonable terms and conditions of employment. This involved assessing whether the agreement met the requirements of the Better Off Overall Test (BOOT) and whether the agreement provided for minimum entitlements and conditions as set out in the relevant awards. The court also considered whether the agreement was in compliance with the Fair Work (Registered Organisations) Act 2009, and whether the union had provided sufficient evidence to demonstrate that the agreement was not fair and reasonable.

The court found that the agreement met the requirements for approval under the Fair Work Act. The court held that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the BOOT. The court also found that the agreement was in compliance with the relevant awards and legislation. The court rejected the union's arguments and approved the agreement. The court found that the agreement provided for a fair and reasonable balance of rights and obligations between the parties and provided for better outcomes for employees than the relevant awards.

The court approved the GM Polefab Pty Ltd Production Enterprise Agreement 2024, finding that it met the requirements for approval under the Fair Work Act. The court held that the agreement provided for fair and reasonable terms and conditions of employment and met the BOOT. The court also found that the agreement was in compliance with the relevant awards and legislation. The union's arguments were rejected, and the agreement was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established